Legal Opinion
Chauncey Marvin Holt v. Richard Modesto Castaneda
Court of Appeals for the Ninth Circuit
Decided November 6, 1987No. 87-5621PublishedCited by 57 opinions
1Opinion of the Court
ALARCON, Circuit Judge:
The question presented in this case is whether a police officer who gives perjurious testimony during adversarial pretrial proceedings in a criminal matter is entitled to absolute witness immunity from liability for damages flowing from his testimony. Our reading of Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) compels us to conclude that a person may not maintain an action for damages under 42 U.S.C. § 1983 (1982) against a police officer who gives perjurious testimony during pretrial proceedings in a criminal case. Accordingly, we affirm the…
2Cases cited23 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Hughes v. RoweSupreme Court of the United States · 1980
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Cleavinger v. SaxnerSupreme Court of the United States · 1985
- Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.Court of Appeals for the Eighth Circuit · 1987
18 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Moore v. McDonaldCourt of Appeals for the Fifth Circuit · 1994
- Burns v. County of KingCourt of Appeals for the Ninth Circuit · 1989
- Willie D. White v. Richard Frank, Freeman Marshall, City of PoughkeepsieCourt of Appeals for the Second Circuit · 1988
- Woodrum v. Woodward CountyCourt of Appeals for the Ninth Circuit · 1989
- Tammy D. Scarbrough, Carol C. Davis v. Bryant Myles, Jr., Chuck HallCourt of Appeals for the Eleventh Circuit · 2001
52 more not listed; retrieve them via the Exa API.